Board-Certified Personal Injury Attorney
When a child is injured, parents must make decisions that could affect their child for years to come. In Texas, a child can pursue compensation for an injury, but an adult generally handles the claim on the child’s behalf. Additional legal protections may also apply to ensure that any settlement serves the child’s interests and that the money is properly safeguarded.
Who Can File a Personal Injury Claim for a Child?
Because minors cannot file lawsuits on their own, a parent, legal guardian, or another suitable adult may bring the case as the child’s “next friend.” That adult manages the legal proceedings, but the child remains the person whose rights are at stake.
A next friend may work with an attorney to investigate the accident, gather medical records, communicate with insurers, and pursue compensation. The adult must act in the child’s best interests throughout the case.
Claims involving minors can arise from many incidents, including:
- Car, truck, and pedestrian accidents
- Unsafe conditions on someone else’s property
- Dog bites
- Defective products
- Daycare or school-related injuries
- Boating and recreational accidents
The age of the child does not reduce the responsible party’s duty to answer for the harm caused.
What Compensation May Be Available After a Child Is Injured?
The damages in a minor’s case may include both immediate losses and consequences that will not become fully apparent for years. Depending on the circumstances, the child’s claim may seek compensation for:
- Physical pain and emotional distress
- Disfigurement or permanent scarring
- Physical impairment
- Future medical treatment
- Reduced earning capacity after adulthood
Parents may have separate rights concerning medical expenses incurred while the child is a minor. Separating the parents’ losses from those belonging to the child is an important part of evaluating the claim.
Future harm deserves close attention. For example, an injury that initially appears manageable may later interfere with education, independence, career options, or the ability to participate in everyday activities. Medical and vocational assessments can help show how the injury may affect the child over time.
Does a Texas Court Have to Approve a Minor’s Settlement?
Texas courts may oversee the resolution of a child’s personal injury case to determine whether the proposed settlement serves the child’s interests. This process is often called a minor settlement hearing or “friendly suit.”
The court may consider the child’s injuries, anticipated medical needs, attorney’s fees, litigation expenses, and how the child’s share of the recovery will be protected.
A court may appoint a guardian ad litem when the child’s representative appears to have an interest that conflicts with the child’s. The guardian ad litem evaluates the proposed resolution and advises the court from the child’s perspective. This person does not replace the family’s attorney or serve as the child’s general guardian.
What Happens to a Child’s Settlement Money?
Parents do not ordinarily receive unrestricted control over compensation that belongs to their child. The court may direct that the funds be placed in a protected arrangement, such as:
- The court registry
- A structured settlement that issues payments at specified times
- A trust designed to manage funds for the child
- Another court-approved account or financial arrangement
The right option depends on the settlement amount, the child’s age, medical needs, and expected future expenses. A structured settlement might provide payments for college, treatment, or early adulthood. In other cases, access to some funds may be needed sooner for care related to the injury.
Planning for these needs before accepting an offer can prevent a settlement from creating financial limitations later.
How Long Do You Have to Bring a Minor’s Injury Claim in Texas?
Texas generally gives an injured person two years to file a personal injury lawsuit. For many claims belonging to a child, however, that two-year clock does not begin running until the child turns 18. This means the child may have until their 20th birthday to file.
Not every claim arising from the accident follows that timeline. A parent’s separate claim for medical expenses incurred while the child is a minor may still be subject to the standard two-year deadline. Different rules may also apply in certain cases, including claims involving medical negligence or government entities.
Even when the child has additional time, waiting can make the case harder to prove. Photographs, witness accounts, surveillance footage, and other evidence may disappear soon after the accident. Families should consider speaking with an attorney promptly to identify every applicable deadline and preserve supporting evidence.
Protect Your Child’s Recovery From the Beginning
A child’s claim must account for what the injury has already caused and what it may change in the years ahead. Bill T. Wells, Of Counsel to The Payne Law Group, works with Texas families to document those losses, address the requirements for resolving a minor’s claim, and pursue compensation from those responsible. Contact us today for a free consultation about your child’s injury.